2006 Code of Virginia § 33.1-56.4 - Release of personal information; penalty

33.1-56.4. Release of personal information; penalty.

A. The HOT lanes operator may enter into an agreement with the Department ofMotor Vehicles, in accordance with the provisions of subdivision 21 ofsubsection B of 46.2-208, to obtain vehicle owner information regarding theregistered owners of vehicles that use HOT lanes, and with the Department ofTransportation to obtain any information that is necessary to conductelectronic toll collection and otherwise operate HOT lanes. No HOT lanesoperator shall disclose or release any personal information received from theDepartment of Motor Vehicles or the Department of Transportation to any thirdparty, except in the issuance of a summons and institution of courtproceedings in accordance with 33.1-56.3. Information in the possession ofa HOT lanes operator under this section shall be exempt from disclosure underthe Virginia Freedom of Information Act ( 2.2-3700 et seq.).

B. Information collected by a photo-enforcement system shall be limitedexclusively to that information that is necessary for the collection ofunpaid tolls. Notwithstanding any other provision of law, all photographs,microphotographs, electronic images, or other data collected by aphoto-enforcement system shall be used exclusively for the collection ofunpaid tolls and shall not (i) be open to the public; (ii) be sold and/orused for sales, solicitation, or marketing purposes; (iii) be disclosed toany other entity except as may be necessary for the collection of unpaidtolls or to a vehicle owner or operator as part of a challenge to theimposition of a toll; and (iv) be used in a court in a pending action orproceeding unless the action or proceeding relates to a violation of 33.1-56.3 or upon order from a court of competent jurisdiction. Informationcollected under this section shall be purged and not retained later than 30days after the collection and reconciliation of any unpaid tolls,administrative fees, and/or civil penalties. Any entity operating aphoto-enforcement system shall annually certify compliance with this sectionand make all records pertaining to such system available for inspection andaudit by the Commonwealth Transportation Commissioner or the Commissioner ofthe Department of Motor Vehicles or their designee. Any violation of thissubsection shall constitute a Class 1 misdemeanor. In addition to any finesor other penalties provided for by law, any money or other thing of valueobtained as a result of a violation of this section shall be forfeited to theCommonwealth.

(2004, c. 783; 2006, c. 859.)